On the ratification of the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on Legal Assistance in Criminal Matters

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The Law of the Republic of Kazakhstan dated November 7, 2023 No. 36-VIII SAM

To ratify the Agreement between the Republic of Kazakhstan and the Republic of Cyprus on Legal Assistance in Criminal Matters, concluded in Nicosia on October 20, 2022.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Republic of Kazakhstan and the Republic of Cyprus on Legal Assistance in Criminal Matters

The Republic of Kazakhstan and the Republic of Cyprus, hereinafter referred to as the "Contracting States", wishing to develop and strengthen cooperation in the fight against crime, have agreed as follows:

Article 1 The main provisions

1. In accordance with the provisions of this Treaty and their national legislation, the Contracting States undertake to provide each other with the widest possible legal assistance in criminal matters, in respect of offences for which, at the time of requesting assistance, the punishment falls under the jurisdiction of the Requesting State.

2. Legal assistance includes the following actions::

a) transfer and delivery of documents, subpoenas and items;

b) determining the location and identification of a person and objects;

(d) Carrying out search, seizure and confiscation;

e) conducting examinations of documents or objects;

(f) Exchange of information and evidence;

(g) Any other forms of assistance provided for by the national legislation of the Requested Contracting State.

3. This Treaty does not apply to arrests of persons, extradition of persons, transfer of convicted persons and enforcement of sentences.

Article 2 Central authorities

1. For the purposes of this Treaty, the central authorities designated by the Contracting States shall interact directly.

2. The central authorities are:

for the Republic of Kazakhstan:

Supreme Court - for requests for legal assistance during court proceedings;

The Prosecutor General's Office - for all other requests for legal assistance;

For the Republic of Cyprus, the Ministry of Justice and Public Order.

3. Each Contracting State shall inform the other through diplomatic channels of any changes and additions regarding the central authorities.

Article 3 Form and content of requests for legal assistance

1. A request for legal assistance shall be made in writing and must be certified and signed in accordance with the internal procedure of the Requesting Contracting State.

2. The request must contain the following:

a) the name of the competent authority conducting the criminal case;

(b) The purpose and description of the requested evidence, information or other assistance;

(c) A description of the crime, indicating the applicable provisions of national law, including the statute of limitations;

(d) Where appropriate, details of the payments and compensations to which the person called to appear is entitled; and

e) if necessary, information about the officials whose presence is required to assist in the execution of the request.

3. Whenever possible, the request should also contain:

a) information about the identity and location of the person to whom the documents are to be served, their legal status and the manner in which the service is to be performed;

(b) Information on the identity and location of the person who is to testify or assist in the judicial proceedings;

c) information about the identity of the wanted person, objects or documents, the intended location of which must be established;

(d) The most accurate description of the place or person to be searched and the items to be seized or confiscated;

(e) A description of the manner in which any testimony or statements are to be obtained and recorded;

(f) A description of the requested testimony or statements, which may include a list of questions to be asked of the person being heard.;

g) a description of the specific procedure to be followed when executing the request;

h) Confidentiality requirements;

(i) Any other information that may be provided to the Requested Contracting State in order to facilitate the execution of the request.

The requested Contracting State shall comply with the request for legal assistance to the extent that it is legally acceptable under its national legislation.

4. Requests for assistance can be sent by operational means of communication, including fax or e-mail. The original request must be sent by mail. In emergency cases, central authorities can send requests through the International Criminal Police Organization (INTERPOL).

Article 4 Language

1. The request and the necessary documents must be drawn up in the language of the Requesting Contracting State and accompanied by a translation into the language of the Requested Contracting State or into English.

2. Responses to requests with attachments may be provided in the language of the Requested Contracting State or in English.

Article 5 Refusal to provide legal assistance

1. The requested Contracting State may refuse to provide the requested legal assistance in whole or in part if:

a) the conditions for the performance of certain types of legal assistance provided for in this Agreement have not been met;

(b) The execution of the request poses a threat to the sovereignty, security, public order or other essential interests of the Requested Contracting State or is contrary to its national legislation;

(c) The request concerns coercive measures that are contrary to the national legislation of the Requested Contracting State;

(d) The request concerns an offence which the Requested State considers to be a political offence or an offence related to a political offence.

2. In the case of a request for the search or seizure of property in accordance with subparagraph (d) of paragraph 2 of article 1, the request may be rejected if the offence to which it relates is not a criminal act in accordance with the national legislation of the Requested Contracting State.

3. With respect to tax offences, a request may not be rejected on the grounds that the legislation of the Requested Contracting State does not impose the same taxes or duties or does not contain taxes, duties, customs duties and currency regulations of the same type as the legislation of the Requesting Contracting State.

4. Before refusing to provide legal assistance, the central authority of the Requested Contracting State must consult with the central authority of the Requesting Contracting State on the possibility of providing assistance.

5. Any refusal to provide legal assistance must be motivated.

Article 6 Execution of requests

1. The requested Contracting State shall execute the request for legal assistance in accordance with its national legislation. In exceptional cases, the Requested Contracting State may act in accordance with the procedure specified by the Requesting Contracting State, if this is not contrary to the national legislation of the Requested Contracting State.

2. The requested Contracting State may postpone the execution of the request if such execution would interfere with the ongoing criminal proceedings conducted in its territory.

3. Before postponing the provision of legal assistance, the Requested Contracting State, after consultation with the Requesting Contracting State, decides whether it can provide it in whole or in part, or on the terms it deems necessary.

4. The decision to postpone the execution of the request must be justified and the requested Contracting State must inform the Requesting Contracting State of the reasons for postponing the execution of the request.

5. The requested Contracting State must comply with the request for assistance as soon as possible or, if possible, within the time period specified and justified by the Requesting Contracting State.

Article 7 Confidentiality

1. The requesting Contracting State may require the Requested Contracting State to maintain confidentiality with respect to the request and its contents, except in cases where such confidentiality is incompatible with the execution of the request.

If the Requested Contracting State is unable to comply with the confidentiality requirement, it shall immediately notify the Requesting Contracting State, which shall decide on the possibility of executing the request without regard to confidentiality.

2. The requested Contracting State may require the Requesting Contracting State not to use any information or evidence obtained during the execution of the request in procedures other than those mentioned in the request, without the prior consent of the Requested Contracting State.

Article 8 Service of documents and subpoenas

1. The requested Contracting State shall serve the documents and subpoenas that have been transmitted to it for this purpose by the Requesting Contracting State.

2. After the documents have been served, the requested Contracting State must provide the Requesting Contracting State with a confirmation of the handover, signed by the official and, if applicable, stamped by the authority that performed the handover, indicating the date, place and method of handover, if necessary the time, as well as information about the person to whom the documents were served. If the service has not been performed, the Requested Contracting State shall immediately notify the Requesting Contracting State and inform it of the reasons for non-delivery.

3. Subpoenas requiring the appearance of a witness or expert to the competent authorities of the Requesting Contracting State must be submitted to the Requested Contracting State at least sixty (60) days before the scheduled appearance date. In emergency cases, the Contracting States may agree on a shorter period of time.

4. A witness or expert who fails to appear before the competent authority of the Requesting Contracting State shall not be subjected to any punishment or measure of restraint, even if the summons contains a notification of possible punishment in case of non-appearance, until he subsequently voluntarily enters the territory of the Requesting Contracting State and is duly summoned there again.

Article 9 Inviolability

1. A witness or expert, regardless of his nationality, who appears on summons before the judicial authorities or other competent authorities of the Requesting Contracting State, may not be subjected to prosecution, detention or any other restriction of his personal freedom in the territory of the Requesting Contracting State in respect of actions or criminal records preceding his departure from the territory of the Requested Contracting State.

2. The inviolability provided for in paragraph 1 of this Article shall be terminated if a witness or expert:

a) does not leave the territory of the Requesting Contracting State within fifteen (15) days from the date on which he was officially informed that his stay was no longer necessary. However, this period does not include the period during which the said person has not left the territory of the Requesting Contracting State for reasons beyond his control.;

(b) After leaving the territory of the Requesting Contracting State, he returned voluntarily.

Article 10 Location or identification of persons and objects

1. Any Contracting State may request the other Contracting State to locate and identify persons who are to be brought before the competent authorities of the Requesting Contracting State and are believed to be present in the territory of the Requested Contracting State.

2. Any Contracting State may request the other Contracting State to locate and identify items or to apply any other measures that would make it possible to locate and identify them.

Article 11 Search and seizure

1. The requested Contracting State shall, to the extent permitted by its legislation, execute a request for the search, seizure and transfer of any objects and documents, provided that the request for legal assistance includes information justifying such actions.

2. The requested Contracting State may require the Requesting Contracting State to agree to the conditions deemed necessary to protect the interests of third parties in the transfer of items or documents. If such consent is not obtained, the requested Contracting State may refuse the transfer.

Article 12 Assistance in confiscation procedures

1. The Contracting States, in accordance with their national legislation, will provide each other with legal assistance in the identification, detection, seizure and confiscation of objects, documents, financial assets and other proceeds of criminal activity.

2. If it is known that proceeds of crime and instruments of crime, objects, documents or assets subject to seizure or confiscation are located in the territory of one Contracting State, the other Contracting State must be informed about this. The Contracting States will be informed of any known proceeds of crime and instruments of crime, as well as objects, documents or financial assets subject to seizure or confiscation in the territory of the other Contracting State.

3. The transfer of proceeds from criminal activity and instruments of crime, objects and documents subject to arrest or confiscation, as well as financial assets shall be carried out on agreed terms.

Article 13 Establishment of bank accounts and financial information

1. The requested Contracting State may, in accordance with its national legislation, identify a natural or legal person who is involved in the crime committed and holds an account with a bank or other financial institution in its territory, and inform the Requesting Contracting State accordingly. Such information may also contain information about the users of these accounts, their location, as well as transactions.

2. The assistance referred to in paragraph 1 of this article may not be refused on the basis of bank secrecy.

Article 14 Return of items and documents

The items and documents transferred to the Requesting Contracting State upon execution of the request in accordance with this Treaty must be returned as soon as possible, unless the Requested Contracting State explicitly waives its right to return them.

Article 15 Transmitting additional information

1. The Contracting States may, on their own initiative and in accordance with their national legislation, provide each other with any other information that would be useful to the other Contracting State.

2. By providing such information, each Contracting State may impose restrictions on its use, which must be respected by the other Contracting State.

Article 16 Expenses

1. In accordance with its national legislation, the requested Contracting State shall bear the costs associated with the execution of the request for legal assistance.

2. The following costs shall be borne by the requesting Contracting State:

(a) The costs of travel and stay of the persons referred to in subparagraph (e) of paragraph 2 of Article 3 of this Treaty in the territory of the Requested Contracting State;

(b) Travel and accommodation expenses of the persons referred to in paragraph 3 of article 8 of this Treaty;

3. If the execution of the request entails expenses of an extraordinary nature, the Contracting States may hold consultations with a view to allocating the costs associated with the execution of the request.

Article 17 Exemption from the legalization of documents, evidence and records

Documents, evidence, and records submitted to provide legal assistance must be certified and signed by an official of the competent authority or central authority, in which case their further legalization or authentication is not required.

Article 18 Relationship of this Treaty with other international agreements

This Treaty does not affect the rights and obligations of the Contracting States assumed in accordance with any international convention, treaty or agreement to which they are parties.

Article 19 Settlement of disputes and disagreements

Any dispute arising during the application or interpretation of this Treaty shall be resolved through consultations and negotiations between the central authorities of the Contracting States.

Article 20 Final provisions

1. This Treaty is subject to ratification.

2. This Treaty shall be concluded for an indefinite period and shall enter into force on the date of receipt of the last notification through diplomatic channels that the Contracting States have completed the internal procedures necessary for its entry into force.

3. This Treaty may be amended and supplemented by mutual agreement of the Contracting States, formalized by separate protocols, which are integral parts of this Treaty and enter into force in accordance with the procedure established by paragraph 2 of this Article.

4. This Treaty shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Contracting States of a written notification from the other Contracting State of its intention to terminate this Treaty.

5. In case of termination of this Agreement, any procedure initiated during its validity period remains in force until its full implementation.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.

Done in Nicosia on October 20, 2022, in two original copies each in the Kazakh, Greek and English languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For the Republic of Cyprus

President

Republic of Kazakhstan

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